Discrimination and the exclusion of people with disabilities

Abstract

My paper explores the question of when it is wrong for a state’s immigration criteria to discriminate against people with disabilities, focusing on the idea that discrimination is wrong when it demeans a group, rather than when it disadvantages them. I argue that selecting against people with disabilities often demeans them but might not always do so even when immigration criteria explicitly exclude people on the basis of having disabilities–that is, in cases of direct discrimination. Moreover, I demonstrate that certain cases of less direct forms of discrimination that select against people with disabilities–in particular, when states apply health-cost limits on admissions–can function as proxies designed to exclude people with disabilities and thereby demean them. Finally, I explain why my analysis of discrimination’s wrong does not typically apply to health conditions in general, such as heart, liver, or lung disease or cancer, setting my view apart from a prominent view in the literature.